CONSP 
fufal; and all confpiracies are illegal, though the fub- 
jeft matter of them may be lawful. See the cafe of The 
Tub-women v. The London Brewers. 8 Mod. n, 320. 
So alfo a bare confpiracy to do a lawful aft to an un¬ 
lawful end, is a crime ; though no aft be done in confe- 
quence thereof. 8 Mod. 321. The faft of confpiring need 
not be proved on the trial, but may be collefted by the 
jury from collateral circumllances. 1 Black. Rep. 392. And 
if the parties concur in doing the aft, although they were 
not previoufly acquainted with each other, it is a confpi¬ 
racy. Lord Mansfield in the cafe of the prifoners in the 
king’s bench.' Hil. term, 26 Geo. III. 1 Hawk. P. C. c. 72. 
Writ of confpiracy lies for him that is indicted of a 
trefpafs, and acquitted, though it was not felony ; alfo 
upon an indiftment for a riot. 2 Mod. 306. Where a man 
is falfely indifted of any crime, which may prejudice his 
fame or reputation; and though it doth not import Han¬ 
der, if it endangers Iris liberty ; or if the indiftment be 
injurious to his property, &cc. writ of confpiracy lieth. 
3 Salk. 97- But though a confpiracy to charge falfely be 
indiftable, yet the party ought to fliew himfelf to be in¬ 
nocent ; and the writ of confpiracy lies not without an 
acquittal. Mod. Caf. 137. Not only a writ of confpiracy, 
which is a civil aftion at the fuit of the party, but alio 
aftion on the cafe in the nature of a writ of confpiracy, 
doth lie for a falfe and malicious accufation of any crime, 
whether capital or not capital, even of high treafon ; and 
this though the bill of indiftment is found ignoramus, or 
it does not go fo far as an indiftment. And tire fame da¬ 
mages may be recovered, in fuch aftion, as in a writ of 
confpiracy, where the party is lawfully acquitted by ver- 
dift. 1 Rol. Abr. 111. yRep.s6. Salk. 15. An aftion on 
the cafe is preferable, as being more in ufe, and the pro¬ 
ceedings eafier, and not attended with fuch niceties as 
the writ of confpiracy. If one falfely and malicioufly 
procure another, to be arrefled, and brought before a 
juftice of peace, to be examined concerning a felony, &c. 
on purpofe to vex and difgrace him, and put him to 
charges and trouble, although he is not indifted for the 
fame, yet he may have an aftion on the cafe ; in which 
he need not aver that he was lawfully acquitted, as he 
ought to do in a writ of confpiracy ; but he muft aver 
that the accufation was false & malitiose, which words are 
neceffary in the declaration ; and it mull appear that 
there was no ground-for it. And as an aftion on the 
cafe may be profecuted, againft one perfon, where the . 
writ of confpiracy or indiftment doth not lie but againlt 
two, this aftion is molt commonly brought. 1 Danv. Abr. 
208. 2 Injl. 562. 
Confpirators may be indifted at the fuit of the king ; 
and at the common law, one may prefer an indiftment 
againft confpirators, who only confpire together, and 
nothing is executed ; though the confpiracy ought to be 
declared by feme aft, or promife to ftand by one ano¬ 
ther, &c. But a bare confpiracy will not maintain a writ 
of confpiracy, at the fuit of the party, becaufc he is not 
damaged by it; though it is a ground for an indiftment. 
2 Rol. Abr. 77. If the defendants can ftiow any founda¬ 
tion or probable caufe of fufpicion, they Ihall be dif- 
charged ; and if a man hath good caufe of fufpicion that 
a perfon is guilty of felony, and caufes him to be in¬ 
difted, in profecution of juftice, aftion of confpiracy will 
not lie; but it is otherwife if the profecutor impofes the 
crime of felony, where no felony was committed. 1 Rol. 
Abr. 115. 4. Rep. 438. 
An aftion lies not againft a juftice of peace, who fends 
out his warrant upon a falfe accufation ; but it lies if he 
makes it out without any accufation. 1 Leon. 187. Con- 
fpiracies ought to be out of court; for if a profecution 
be ordered in a courfe of juftice, and witnelfes appear 
againft a party, &c. there ihall be no punilhment; and 
it perfons afted only as jurors in a criminal matter, or 
judges in open court, there is no ground for profecution. 
J2 Rep. 24. It all the defendants but one are acquitted 
on indiftment tor confpiracy, that one mull be acquitted 
Von. V. No. 258. 
IRACY, 103 
alfo ; becaufe one perfon alone cannot be indifted for 
this crime: and hufband and wife, being but one perfon, 
may not be indifted alone for a confpiracy. 2 Rol. Abr. 708. 
The acquittal of one perfon is the acquittal of another 
upon indiftment of confpiracy. 3 Mod. 220. (i. e. where 
only two are indifted, and it is not laid or proved that 
they confpired with others, unknown.) Though where 
one is found guilty, according to the opinion of lord chief 
juftice Hale, if the other dorh not come in upon procefs, 
or if he dies pending the fuit, judgment Ihall be had 
againft the other. 1 Vent. 234. Writ of confpiracy was 
brought againft two perfons, and one found not guilty, 
the other Ihall not have'judgment; but, in aftion on the 
cafe, it had been good. C.ro. Eliz. 701. And aftion on 
the cafe in the nature of a confpiracy may be brought 
againft one only. 1 Hawk. P. C. c. 72. If the parties are 
found guilty of the confpiracy, upon, an indiftment of 
felony, at the king’s fuit; the judgment is, that they 
Ihall lofe their frank law , which difables them to be put 
upon any jury, to be fworn as witnelfes, or to appear in 
perfon in any of the king’s courts ; and that their lands, 
goods, and chattels, be feized as forfeited, and their bo- 
dies committed to prifon, which is called a villainous 
judgment. 2 Inf. 143. 1 Hawk. P.C. c. 72. There has 
been no inftance of the villainous judgment fince the reign 
of Edward III. The ufual mode of,punilhment at pre- 
fent is, by pillory, line, imprifonment, and furety for 
good behaviour. Burr. 996. Stra. 196. The quarter fef- 
lions have jurifdiftion over this offence. 8 Modi 321. And 
on motion in arreft of judgment, the defendant muft be 
perfonally prefent in court. Stra. 1227. The matter of* 
the confpiracy ought to touch a man’s life, where the 
villainous judgment is impofed. 1 Hawk. P. C. c. 72. For 
confpiring to charge a perfon with poifoning another, &c. 
one of the parties was fined one thoufand pounds, and 
fome others had judgment of the pillory, and to be burnt 
in the cheek with the letters F. and C. to fignify falfe 
confpirators. Moor , 816. As fine and imprifonment is the 
ufual punifliment at this day on indiftment for confpiracy^ 
fo on writ of confpiracy the party Ihall be fined, and ren¬ 
der damages. 1 Hawk. P. C. c. 72. 
CONSPIRACIES, y. The mod remarkable in an¬ 
cient and modern hiftory. A confpiracy was formed- 
againft the infant republic of Rome, to reftore Sextus 
Tarquin and the regal government, in which the two 
fons of Junius Brutus, the firft conful, being concerned, 
were publicly condemned and put to death by their fa¬ 
ther, 507 B. C. Livy. —Another by the Tarquin fadtion 
againft the Roman fenators : Publius and Marcus dif- 
cover it; the other confpirators are put to death, 496 
B. C.—-Of Cataline and his alfociates to murder the con- 
fuls and fenate, and to burn the city of Rome, difeovered 
by Cicero, conful for that year, 62 B. C.—By feveral of 
the nobility at Lilbon, who hired affaflins to fnoot the 
king of Portugal; he was wounded; recovered ; and 
dreadful executions of the confpirators enfued, 1758. 
Conspiracies and Insurrections in England.—• 
Againft William II. A. D. 10S8 and 1093.—Againft 
Henry II. by his queen and children, 1173.-—Infurrec- 
tion of Foulk de Brent againft Henry III. 1224.—A con- 
fpiracy againft the fame king for cancelling Magna Charta, 
1227.—Of the barons againft Henry III. 1258.—Of the 
duke of Exeter and others againft the life of Henry IV, 
difeovered by dropping a paper accidentally, 1400.— 
Againft Henry V. by the earl of Cambridge and others, 
1415.—Of Richard duke of Gloucefter againft his ne¬ 
phews Edward V. and his brother, whom he caufed to 
be murdered, 1483.—Of the earl of Suffolk and others 
againft Henry VII. 1506.—Infurreftion of the London 
apprentices, 7 Henry VIII. 1517.—Againft queen Eliza¬ 
beth, by Dr. Story, 1571 ; by Antony Babington and 
others, 1586; by Lopez, a Jew, and others, 1593; by 
Patrick York, an Irifh fencing-mafter, employed by the 
Spaniards to kill the queen, 1394; of Walpole, a jefuit, 
who engaged one Squire to 'poifon the queen’s f; dd-ley 
